What to Do When Someone Dies in Berkeley County, South Carolina
Probate in Berkeley County runs through the Probate Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Berkeley County, settling their estate runs through the Probate Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Probate Court
Berkeley County
Address
300-B California AvenueMoncks Corner, SC 29461-4036
Drop box available at front of courthouse 9am-4pm. Does not accept credit cards. Charleston: (843) 723-3800 ext 4519; St. Stephen: (843) 567-3136 ext 4519. County site is bot-walled; contact info re-verified via SC Judicial Branch.
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Berkeley County, probate runs through the Probate Court at 300-B California Avenue, Moncks Corner.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under South Carolina intestacy law when there is no will.
Most South Carolina estates take 9 months to 18 months to move through this process. The 8 monthsS.C. Code § 62-3-803Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in Berkeley County
What probate costs in Berkeley County, South Carolina comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Probate Court at 300-B California Avenue, Moncks Corner.
Probate matters are handled through Estates Division, Marriage License Division, Mental Health/Alcohol & Drug Division, and Guardianships/Conservatorships/Minor Settlements Division. Filing and payment go through these offices, not the main clerk window.
Local procedures at this court that affect cost: Does not accept credit cards. These are county-specific and not posted on the statewide court site.
South Carolina charges $25 - $95 (graduated by the probate estate)S.C. Code Ann. § 8-21-770(B)Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in South Carolina are negotiated, typically 2.1%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source to 3.3%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
South Carolina requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%S.C. Code § 62-3-603Verified Sep 8, 2026View source of estate value annually.
Probate in South Carolina typically runs 9 months to 18 months, and costs accrue throughout that period.
How to File Probate at the Probate Court
Probate cases in Berkeley County are filed at the Probate Court. File in person during business hours or by mail.
Filings here are routed through Estates Division, Marriage License Division, Mental Health/Alcohol & Drug Division, and Guardianships/Conservatorships/Minor Settlements Division. Confirm with the office which intake handles the petition type you're filing.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person at the court or by mail.
Can You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Probate Court is realistic.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Drop box available at front of courthouse 9:00 AM - 4:00 PM
What to Bring
To file at the Probate Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Berkeley County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Register of Deeds.
Deeds and other real property documents for Berkeley County are recorded with the Register of Deeds at P.O. Box 6122, Moncks Corner, SC 29461. Phone: 843-719-4084.
The Register of Deeds charges $15 flat, regardless of page count.
South Carolina allows informal probate, so many families settle straightforward estates in Berkeley County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in South Carolina are based on reasonable compensation — typically 2.1%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source to 3.3%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Berkeley County firm to quote a structure up front.
A probate attorney files the petition with the Probate Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
DeMott Law Firm prepares wills, revocable trusts, powers of attorney, and healthcare directives for families in Summerville, Goose Creek, Charleston, North Charleston, and Hanahan. Russell DeMott served as an Associate Probate Judge for the Dorchester County Probate Court from 2011 to 2017 and is a certified mediator for Probate Court cases.
LaFond Law Group is a Charleston firm on Savannah Highway serving families in the Charleston area. Its probate practice handles estate administration after a death, reconciling the decedent's affairs and transferring assets to beneficiaries, usually under the terms of a will. The firm limits its work to estate planning and administration, elder law, and real estate.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 2 more
Bluffton firm serving Beaufort, Bluffton, Hardeeville, and Hilton Head. Drafts wills, revocable living trusts, financial and healthcare powers of attorney, and living wills, and guides personal representatives through probate and estate administration.
PracticesEstate PlanningEstate AdministrationProbateProbate Litigationand 4 more
Clark & Stevens has served Hilton Head Island and the Lowcountry for over 30 years. The firm handles estate planning, wills, family trusts, living wills, medical powers of attorney, probate, long-term care planning, tax planning, and asset protection.
PracticesEstate PlanningProbateElder LawTax Planningand 3 more
Evans, Carter, Kunes & Bennett is located in the heart of downtown Charleston. With over 100 years of collective experience in taxation and estate tax planning, the attorneys assist clients in income taxation, estate planning, probate, trust law and charitable organizations. Each attorney holds a Masters of Law in Taxation or Estate Planning.
Mount Pleasant firm practicing in estate planning and probate law, serving clients throughout the Charleston and Lowcountry regions. Practice covers wills and trusts, probate and administration, and powers of attorney.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
Berkeley County Guides
Step-by-step tools for families in Berkeley County, South Carolina.
